Careers

Africa & Foreign Jurisdictions

Further, because we view Africa as a reservoir of immense potential for global businesses and investors, we are eager to assist foreign and local clients with IP-related matters throughout the continent, as well as with general commercial legal services

Libya

Forms part of

International Arrangements

Libya is a party to the Paris Convention for Protection of Industrial Property. It is possible to claim priority under the Paris Convention.

Classification

Libya follows a single class filing system and recognises both goods and services classes in terms of the 8th edition of the Nice Classification.

Registration Procedure

The total time from filing to registration is approximately 36 months. Trade mark applications are examined for compliance with formal and substantive requirements and are published in the official gazette after acceptance. Trade marks may be opposed within 3 months from the date of publication.

Common Law and Well-Known Trade Marks

Well-known trade marks in terms of the Paris Convention are recognised in Libya.

Duration of Registration, Renewal and Non-Use

Trade mark registrations are valid for 10 years from the date of filing and may be renewed indefinitely for 10-year periods thereafter.

A registered trade mark may be cancelled on action by an interested party if it has not been used for a continuous period of 5 years after the date of registration.

Customs Recordal

Customs recordals are not possible.

Patent

Forms part of

No

ARIPO

No

OAPI

Yes

PARIS CONVENTION

Yes

PCT

OAPI

ARIPO

International Arrangements

Paris ConventionConvention establishing World Intellectual Property Organization (WIPO)Patent Cooperation Treaty (PCT) but national law has not been amended to recognise the PCT.

Types of Patents

Patents of InventionPatents of Addition

Novelty Requirements

National novelty with 50-year restriction

Grace Period/Prior knowledge

No grace period

Examination procedure

Only formal examination

Duration & Maintenance

15 years from date of filing Libyan patent application, with a possible 5-year extension. The term for patents on chemical processes relating to foodstuffs or pharmaceuticals is ten years with no extension period.

Annual maintenance fees applicable.

Working Requirement

A patent becomes null if not worked either in Libya or a country of origin within three years from the date of grant. There is a potential two-year extension of this period.